How FIR Works: Explained with Law, Procedure & Real-Life Insight

 

“FIR: Your first step towards justice.”

 

What Is an FIR?

An FIR (First Information Report) is the first official document recorded by police when a cognizable offence is reported. It sets the criminal justice system in motion.

Legal Basis

Section 154 of the Criminal Procedure Code, 1973 defines FIR:
“Every information relating to the commission of a cognizable offence... shall be reduced to writing by the officer-in-charge of a police station...”

Read the full text of CrPC Section 154 on LawBhoomi:
https://lawbhoomi.com/

Types of Cases Where FIR Can Be Filed

Cognizable offences (serious crimes):
- Murder
- Rape
- Dowry death
- Kidnapping
- Theft & robbery

In non-cognizable offences (like defamation or cheating), FIR is not mandatory. A complaint is submitted instead.

What Happens When an FIR is Filed?

1. Police write down the complainant’s statement.
2. A signed copy is given to the complainant free of cost.
3. The case is registered with an FIR number.
4. Police may begin an investigation immediately.

Real-Life Examples:

Lalita Kumari v. Govt. of UP

 

The petition was filed in the honourable Supreme Court by Lalita Kumari (minor) through her father under Article 32 of the Constitution of India, 1950 for the issuance of writ of Habeas Corpus for the protection of  his minor daughter who has been kidnapped. Police refused to register the FIR and even after registering the FIR by SI of police, no actions were taken against the accused. The court ruled that conducting an investigation after the registration of FIR under Section 154(1) of CrPC is “the procedure established by law”.

Read the full case judgement on: https://indiankanoon.org/doc/10239019/

Priya's Case of Dowry Harassment

 

Priya, a 26-year-old from Delhi, was facing continuous threats from her in-laws. When she approached the police, they refused to file an FIR. With help from a lawyer, she moved to the Magistrate under Section 156(3) CrPC, compelling the police to register the FIR.

This case reflects the importance of legal awareness and procedural rights.

Rights of a Complainant

- Right to receive a copy of FIR for free.
- Right to ensure timely registration.
- Right to approach a magistrate if police deny filing.

Key Takeaways

- FIR is a foundation for criminal proceedings.
- It applies only in cognizable offences.
- Police must record it without delay.
- In case of refusal, approach SI of Police or Magistrate.

Quote to End With

“Justice delayed begins with the first complaint denied.”

                                                      

                                                                                                              -Written by Kumari Palak Singh

Also read: https://lexedgeindia.blogspot.com/2025/06/suresh-kumar-case-juvenile-conviction.html